THE BAGNERIS NEWS
UPDATED ON November 19, 2009
Proof of Claim Deadline in Agriculture Street Landfill Litigation extended to November 23, 2009
Dear Clients:
On November 12, 2009, Judge James Williams signed an Order allowing Class Counsel to continue to assist class members with the completion of Proof of Claim Forms until Monday, November 23, 2009.
On Friday, November 20, 2009, at 9:00 a.m., Judge Williams will consider a request by Class Counsel to extend the deadline for submitting proof of claims for a period of 120 days. We do not know whether Judge Williams will grant the request to extend the deadline, so please make every effort to submit your Proof of Claim Forms to the Claims Administrator by no later than Monday, November 23, 2009.
Thanks,
Suzette Bagneris
MRGO litigation win for 9th ward and St. Bernard Parish; not eastern New Orleans!
On Wednesday, November 18, 2009, a federal court judge, Stanwood Duval, held that the Army Corps of Engineers mismanaged maintenance at the Mississippi River-Gulf Outlet , and caused flood damage in St. Bernard Parish and the Lower 9th Ward after Hurricane Katrina. Duval's 156-page decision could result in the federal government paying $700,000 in damages to three people and a business in those areas, but also sets the stage for judgments worth billions of dollars against the government for damages suffered by as many as 100,000 other residents, businesses and local governments in those areas who filed claims with the corps after Katrina.
Duval ruled, however, that WDSU-TV anchor Norman Robinson and his wife were not entitled to damages because the corps' dredging of the MR-GO did not affect the levee system that protects eastern New Orleans from hurricane storm surge. That probably means eastern New Orleans residents would not be able to collect on claims they've filed against the corps.
Indeed, the Justice Department is expected to appeal the decision to the U.S. 5th Circuit Court of Appeals, and then to the U.S. Supreme Court, if necessary. So, do not expect to receive any money any time soon.
The corps has estimated that it received more than 490,000 claims forms in the aftermath of Katrina and Hurricane Rita in 2005, but those forms include many from areas not covered by this decision.
"Until such time as the litigation is completed, including the appellate process up to and through the U.S. Supreme Court, no activity is expected to be taken on any of these claims," corps spokesman Ken Holder said.
A Big Win for 8500 terminated employees of the OPSB:
On November 12, 2009, the Louisiana Fourth Circuit Court of Appeal affirmed a Judgment issued by Judge Ethel Simms-Julien granting class certification. We are very pleased with the Fourth Circuit's ruling which means that 8500 employees of the OPSB, who were wrongfully terminated after Hurricane Katrina by the actions of the OPSB and State of Louisiana, will be able to proceed with their claims together - in one lawsuit. Now, the attorneys who have been court-appointed to represent the class members will begin to prepare this case for trial on the merits. The OPSB and State of Louisiana have the right to appeal the Fourth Circuit's ruling to the Louisiana Supreme Court.
This lawsuit is extremely important to the citizens of the City of New Orleans. The children of Orleans Parish have a right to a quality public school education. When Katrina struck the City of New Orleans, over 114 public schools were operating in Orleans Parish. After Hurricane Katrina, the State seized an opportunity to manipulate data to seize 104 public schools and to put 8500 educators out of work, at a time when they needed their jobs most to recover from Katrina. As a result of the termination of the entire workforce of the OPSB, the State of Louisiana received hundreds of thousands of dollars that would have otherwise gone to the operation of public schools in Orleans Parish, including salaries of 8500 OPSB employees.
As the child of two life-long OPSB educators, Suzette Bagneris remains committed to this very important cause.
